Local
Choi trial halted after challenge to judge’s ruling
Preliminary evidence shows ‘vindictive prosecution’
Former Army Lt. Dan Choi and 12 others were arrested last year after protesting ‘Don’t Ask, Don’t Tell’ at the White House. (Blade file photo by Michael Key)
A federal judge on Wednesday suspended the trial of gay former Army Lt. Dan Choi after the prosecutor said she would challenge his preliminary finding that sufficient evidence exists that Choi was targeted for “vindictive prosecution” in connection with a White House protest last November.
Choi and 12 other activists were arrested Nov. 15 for handcuffing themselves to the White House fence to protest the “Don’t Ask, Don’t Tell” law. Choi faces a possible sentence of six months in jail or a $5,000 fine if convicted on a misdemeanor charge of disobeying a lawful order to disperse from the fence.
In a tense exchange between U.S. District Court Magistrate Judge John Facciola, prosecutor Angela George announced she would file a request for a writ of mandamus or legal challenge before the court’s chief judge to contest Facciola’s decision to allow Choi’s attorneys to pursue a vindictive prosecution defense.
Facciola responded by saying he would suspend the trial for 10 days to give George, an assistant U.S. Attorney, time to prepare a motion for a writ of mandamus and to provide Chief Judge Royce Lamberth time to consider it.
William Miller, a spokesperson for the U.S. Attorney’s office, confirmed that George would seek the writ of mandamus from Lamberth. But he declined to comment further on the matter, saying his office never comments on pending cases.
If Lamberth grants the request, legal observers say Facciola would likely be directed not to allow Choi’s attorneys to pursue a vindictive prosecution defense. Should he turn down the request, Facciola would be free to allow the vindictive prosecution defense to move forward.
Such a defense would allow Choi’s attorneys to pursue documents and subpoena witnesses that Choi’s supporters say could possibly link the alleged effort to go after Choi for a harsher prosecution to higher-level government officials, including officials at the White House.
Defense attorney Robert Feldman called Facciola’s finding that the defense presented a “prima facie case” that a vindictive prosecution occurred a “vindication” of Choi’s longstanding contention that his arrest and prosecution violated his constitutional right to free speech.
The clash between George and Facciola came on the third day of the trial and one day after Choi testified for more than two hours as the lead witness for his own defense, saying he was exercising his First Amendment right to free speech at the White House protest.
In response to Feldman’s questions, Choi testified at length about his role as a civil rights activist for LGBT people and for gays in the military. He told how he models his actions on the black civil rights movement of the 1960s, including the famous lunch counter sit-ins at a Woolworth’s department store in Greensboro, N.C., that challenged segregation laws.
Choi testified that a series of three White House protests against the “Don’t Ask, Don’t Tell” law on gays in the military, in which he and other activists were arrested at the White House fence, were based on the same principle used in the black civil rights movement for exercising a constitutional right of free speech.
“I believe that was a transformative moment,” he said of the White House protests.
George objected repeatedly to Choi’s dialogue on civil rights, saying it was not relevant to the case at hand. To the amazement of some courtroom observers, Facciola overruled her objections almost every time she raised them.
In her cross-examination of Choi, George pressed the former Army officer, West Point graduate and combat veteran in the Iraq war to respond to the charge that he disobeyed a lawful order to disperse from the White House fence.
Choi responded by citing a provision in U.S. military law pertaining to unlawful orders.
“If you are given an order that is unlawful or immoral, it is your duty to disobey that order,” he said.
Feldman and defense co-counsel Norman Kent told reporters covering the trial that Choi’s defense is based, in part, on the premise that prosecutors singled him out for a harsher prosecution when they charged him with violating a federal regulation pertaining to White House protests and demonstrations along the White House fence and sidewalk.
The federal regulation carries a penalty of six months in jail and a possible $5,000 fine. The two attorneys said people arrested in virtually all other White House demonstrations in recent memory – including Choi and other activists in similar protests in April and May of 2010 – were charged under a D.C. municipal ordinance they compare to a traffic violation that carries no prison sentence.
In his testimony on Tuesday, Choi said he believes prosecutors decided to invoke the far more harsh federal regulation against him in the Nov. 15, 2010 case, which he now faces at trial, because of his role as a gay former military officer who is “standing up for my beliefs.”
Choi stated in his testimony that thousands of people appeared to have violated the same regulation with which he was charged when they gathered at the White House earlier this year to celebrate President Barack Obama’s announcement that accused terrorist Osama bin Laden had been killed in a U.S. military operation in Pakistan.
Choi and his attorneys noted that dozens of the revelers that evening clung to the White House fence and did not move back and forth along the sidewalk, as required under the ordinance for a demonstration, when they cheered and expressed support for the president’s role in bin Laden’s capture and death.
By not attempting to disperse or arrest the throngs that congregated at the fence on that occasion while they arrested Choi and other protesters for challenging Obama on his handling of the “Don’t Ask, Don’t Tell” law shows that Choi was singled out for “vindictive” prosecution, Choi’s attorneys argue.
Choi and his attorneys also argue that the ordinance that Park Police used to arrest Choi violates the 1969 U.S. Supreme Court decision Shuttlesworth v. Birmingham. The decision overturned a Birmingham, Ala., law used by police there to arrest a civil rights protester in 1963 for demonstrating without a permit on grounds that the law was used to stifle his constitutional right to peacefully parade in a civil rights protest.
In anticipation of Choi’s vindictive prosecution defense, the government filed a motion last Sunday, one day before the trial opened, arguing that rules established by previous court decisions require a vindictive or “selective” prosecution defense to be introduced prior to the start of a trial. The 14-page motion argues that such a defense cannot be introduced during a trial and that Choi’s defense team failed to introduce the defense before the trial started.
Facciola did not rule on the motion at the start of the trial, saying he would do so as the trial progressed to first determine whether Choi’s attorneys would move forward with that defense.
When questioned by George during the trial on Wednesday, Facciola said he chose to reject the government motion on grounds that prior decisions by appeals courts requiring a vindictive or selective defense to be introduced prior to trial applied only to jury trials.
Choi’s case moved forward as a non-jury trial similar to other misdemeanor cases involving alleged violation of regulations pertaining to protest demonstrations at the White House.
George’s announcement about the writ of mandamus came after Facciola appeared to side with arguments by the defense that the government singled out Choi for a harsher prosecution for his Nov. 15, 2010 White House protest.
They attracted national media attention when Choi and 12 other LGBT activists handcuffed themselves to the White House fence. About 75 supporters who assembled across the street in Lafayette Park cheered and chanted slogans for LGBT equality while Park Police removed the handcuffs with bolt cutters and placed Choi and the other protesters under arrest.
In May of this year, the 12 others who were arrested agreed to a government offer to plead guilty to the charge in exchange for the government dismissing the case against them in six months if the activists don’t get arrested during that period for any reason, including a similar civil disobedience protest.
Choi told reporters at a news conference outside the federal courthouse Monday, after the trial recessed for the day, that he rejected the government’s plea bargain offer because he believes the law and regulation used to arrest him is unconstitutional.
“I believe there is no law that, in the history of this country, abridges freedom of speech, assembly, or the right to protest for redress of grievances, which were clear and made plain by all of the defendants,” he said.
George called five Park Police officers and a U.S. Park Ranger as government witnesses on Monday. Under questioning from George, they testified that they had no intention of singling out the protesters for their political beliefs or because of their sexual orientation.
In his cross-examination of the officers, Feldman questioned the validity of their decision to charge Choi under the federal regulation rather than the less serious D.C. municipal statute.
Feldman released an e-mail sent to the defense on Friday by George that extended another offer for Choi to plead guilty to the charge in exchange for the dismissal of the case by the government if Choi refrained from getting arrested for the next four months.
Feldman said Choi responded by saying he would accept the offer only on condition that the government issue a public apology to Choi in court on Monday for the arrest and prosecution against him. Feldman said the government rejected the conditions, prompting Choi to turn down the offer.
A spokesperson for the U.S. Attorney’s office said the office would have no comment on the case while the trial is in progress.
Park Police Lt. Robert Lachance, who led a team of officers assigned to arrest the protesters, testified that an assistant solicitor general at the Department of Interior, which has jurisdiction over the Park Police, advised him that the act of chaining oneself to the White House fence violated a federal regulation against actions that pose a threat to public safety, obstruct traffic, and potentially prevent “emergency responders” from carrying out their work.
At the news conference, Feldman said he planned to argue at the trial that Choi’s action at the White House fence did not violate the regulation and statute cited by the Park Police and by prosecutor George.
“It’s uncontroverted that Lt. Choi is no threat to the public safety whatsoever,” said Feldman. “Neither does he obstruct traffic, which is the second part of the regulation.”
Feldman said he would also argue that the regulation used by authorities to arrest Choi applies only to the sidewalk next to the White House fence. He noted that Choi and the other protesters were standing on a masonry ledge that rises above the sidewalk and serves as an anchor for the White House fence.
“It’s very clear that my client was never on the sidewalk,” Feldman said. “He was on the masonry fence, which is above the sidewalk. And the warnings from Lt. Lachance said, ‘Get off the sidewalk.’ How can you get off the sidewalk if you were never on the sidewalk?”
He said he would also argue that Choi was unable to hear the warning that Lachance made to the protesters through a loudspeaker brought to the scene by Park Police. Lachance testified that he read a scripted message three times ordering the protesters to leave the fence and warning them they would be arrested if they did not comply with that order.
Feldman said Lachance’s warnings were drowned out by loud shouts and chants by Choi and the other 12 protesters handcuffed to the fence as well as by dozens of other protesters assembled in Lafayette Park.
The chants and shouts could be heard in a video recording of the protest that George played in the courtroom as part of a prosecution exhibit for the trial.
“There’s a cacophony of noise all around, and how can you possibly hear Lt. Lachance’s warnings to go away?” Feldman said at the news conference.
Gay activist and former military Capt. Jim Pietrangelo II testified on Tuesday as a defense witness, saying he observed first-hand what he believes were attempts by Park Police and government officials overseeing the police action an effort to single Choi out for a harsher charge based on Choi’s statutes as a gay former military officer and advocate for gays in the military.
District of Columbia
D.C. Council approves increased funding for Mayor’s Office of LGBTQ Affairs
Increase attached to 2027 budget bill
The D.C. Council on July 14 gave final approval for the city’s fiscal year 2027 budget that includes an amendment calling for increasing the number and size of funding grants that the Mayor’s Office of LGBTQ Affairs provides for local organizations providing services for the LGBTQ community.
The amendment, called the “LGBTQ Community Grant Amendment Act of 2026,” was introduced earlier this year by D.C. Council member Zachary Parker (D-Ward 5), the Council’s only gay member.
The D.C. LGBTQ Budget Coalition called the Parker amendment “a historic measure that establishes the District’s most sustainable model for a vehicle for investing in LGBTQ communities.”
The Council approved the version of the FY 2027 budget bill with the attached Parker amendment in its first of two required votes on June 9. Shortly after voting unanimously to give final approval of an earlier version of the two-part budget measure on July 7 that includes the Parker amendment, the Council sent the bill to Mayor Muriel Bowser for her signature.
Bowser has expressed strong opposition to several provisions in the $22 billion budget measure passed by the Council that are unrelated to the Parker amendment regarding the Office of LGBTQ Affairs. The mayor has yet to say whether she will sign, veto, or choose not to sign the bill.
The latter option would allow the bill to become law if Congress does not choose to overturn it during its required 30-day legislative review period for all D.C. bills. Political observers believe the Council will vote to override a veto if Bowser chooses to veto the bill.
When contacted by the Washington Blade on July 22 to determine where the mayor stands on the budget bill, mayoral spokesperson Daniel Gleick said only, there was “no update on the budget just yet.”
Among other things, the Parker amendment calls for the Mayor’s Office of LGBTQ Affairs to issue a $980,000 grant in FY 2027 to a private, nonprofit organization in partnership with the office “for the purpose of supporting programs that promote the welfare of the lesbian, gay, bisexual, transgender, and questioning community.”
It says the organization selected would also initiate its own fundraising effort to expand the amount of funds beyond the amount the office would provide, enabling it to provide larger grants to a greater number of local LGBTQ organizations.
“The legislation arrives at a critical moment, as LGBTQ-serving organizations face unprecedented uncertainty,” the D.C. Budget Coalition said in its comment on the Parker amendment. “Growing demand for services is colliding with shrinking resources, federal attacks on LGBTQ programs, and ongoing threats to local funding streams,” the coalition’s statement says.
In what some observers have called a highly controversial action; the budget bill approved by the Council reverses and restores millions of dollars in budget cuts proposed by Bowser in the budget she submitted to the Council earlier this year.
Among other things, the Council’s budget preserves the current level of funding for housing vouchers, childcare, paid family leave, and other programs slated to be cut in the mayor’s proposed budget, according to a report by the Washington Post.
Bowser points out that the Council approved budget bill calls for using $150 million from the city’s reserve fund, which she and others have said could put the city in jeopardy in future years. The mayor has said the cuts were needed to prevent a major funding shortfall brought about by the action by Republicans in Congress to cut the city’s budget by over a billion dollars.
Rehoboth Beach
Craig Thier says experience, civility are key to Rehoboth’s future
Mayoral candidate cites finance background as key strength
(Editor’s note: This is the third installment in a three-part series profiling the candidates for mayor of Rehoboth Beach, Del.: Commissioners Suzanne Goode, Susan Stewart, and Craig Thier; a fourth candidate, William Raak, filed to join the race but has not responded to multiple Blade inquiries. Visit washingtonblade.com for previous installments.)
Rehoboth Beach City Commissioner Craig Thier says his experience in public service and finance has prepared him to lead the city as residents elect a new mayor on Aug. 8.
Thier, who has owned property in Rehoboth Beach since 2002 and has lived there full time for a little more than five years, said he first sought public office after becoming concerned about the city’s financial planning.
“A couple of years ago, when I decided to run, the city raised taxes and fees across the board unnecessarily. They had a broken budgeting process,” said Thier.
Elected as a city commissioner in August 2024, Thier draws on a background in corporate finance and consulting, He said he could improve the city’s budgeting practices.
“I felt that I could bring that experience in and help the city improve that broken budgeting process,” he said.
Thier said one of his accomplishments as commissioner has been helping transition the city from annual budgeting to long-term financial planning.
“Within the first year, I worked with the city administration to transition us from an annual budgeting process that was really broken to a multi-year planning process,” he said.
If elected mayor, Thier said his first priority would be improving relationships among members of the Board of Commissioners.
“First would be just civility. There is a lot of infighting among some of the commissioners,” said Thier.
He says that he wants to focus on “getting people to work together so that we can get back to the business of the city.”
Thier said disagreements are inevitable but believes they should be handled more respectfully.
“We have to return to civility. People need to respect each other, people need to respect the right of other individuals to express their thoughts and opinions,” he said.
“That lack of civility absolutely has impacted our ability to get the business of the city done.”
He also said meetings should remain focused on the agenda even when commissioners disagree.
“Everyone’s got to tone things down a little bit,” Thier said. “Just because we may not agree with someone’s position doesn’t mean that that position isn’t valid.”
He added that after discussions conclude, commissioners should be willing to accept the outcome.
“People need to be prepared to move on if they don’t have the support,” he said.
Thier pointed to his previous elected experience as another qualification for the mayor’s office.
“I spent 12 years on a school board, five years as president, and I’m finishing up my second year here [as commissioner]. I believe that I have far more experience than anyone else.”
“I’ve been able to accomplish things because of my experience, and I’ve been doing this a long time,” he added.
Thier also said maintaining Rehoboth Beach’s perfect score on the Human Rights Campaign’s Municipal Equality Index would remain a priority if he is elected.
“It is absolutely a priority for the city,” he said.
“I think it’s one of the great things about the city of Rehoboth Beach is the diversity that’s there, and that we’ve been a very welcoming community.”
Thier credited city staff for helping achieve the city’s perfect score and said he would continue working with LGBTQ+ organizations, including CAMP Rehoboth.
“I have relationships with these organizations. I would continue to foster these relationships,” he said. “It’s critical that we’re doing the things to maintain this perfect score.”
Thier also expressed support for the city’s partnership with Clear Space Theatre Company as it works toward constructing a permanent performing arts venue downtown.
“Clear Space has been part of the community for more than 20 years. I think they’re an important part of the community.”
He said the theater contributes to Rehoboth’s identity as a tourist destination.
“The tourists come to Rehoboth for the whole package: the beach, the boardwalk, our restaurants, our retailers, Clear Space. They’re an important part of that whole package.”
The election will take place on Aug. 8 from 10 a.m.-6 p.m. at the Rehoboth Beach Convention Center.
District of Columbia
Is the Metro safe for riders?
WMATA says crime dropped 37 percent on system in 2025
I was inside Benning Road train station in April waiting for my train with two friends on the way to school. It usually took me 25-30 minutes to get from Benning Road Station to school at Congress Heights. As I waited for the train, I kept noticing that every train that got to five minutes away would disappear from the Metro screen before it got to my stop.
I found out from one of my friends that a Metro work vehicle had crashed into a train at Metro Center and that all trains were now delayed. While my friends were able to call their family to pick them up, I had no such luxury. The train was my only option. It took me more than an hour to get to school. I missed my first period because of it and had to make up my work later in the day. I was marked absent because when a student misses one class, they’re marked absent for the day and an email is sent to their parents. I felt irritated knowing that I had to deal with all of these problems that weren’t even my fault due to an incident that happened on a different side of town.
The incident at Metro Center isn’t the only incident that I have experienced on the subway. I have experienced kids fighting and almost pushing me on the tracks, massive delays because a woman was passed out on the train and Metro police pulling out their assault rifles and arresting someone in the station, which caused people to panic and start running.
I later learned the crash that led to me being late to school caused 11 injuries to people who were on the train, according to media reports. And the Metro has experienced other dangerous incidents this year. A man was beaten so badly on Cinco de Mayo that he needed staples in his head and another man was beaten to death by a stranger at the Addison Road station.
However, I’ve never experienced any incident that has led to me getting hurt, nor actually seen anyone get hurt.
So, is the Metro safe?
Metro experienced the lowest crime rate in its history in 2025, the Washington Metropolitan Area Transit Authority said. The crime rate decreased by 37 percent in 2025 compared to 2024.
Last year, the Metro Transit Police Department increased enforcement efforts department-wide by more than 25 percent, Metro said. WMATA said it is in the process of installing upgraded video systems on our 6000 and 7000-series rail cars, which make up most of the cars in the system. This new camera system allows for live video access to rail cars from Metro’s Integrated Command and Communications Center.
Asked if he felt unsafe using the Metro, Dr. Aruna Rajam, a teacher at Bard High School Early College DC and George Washington University, recalled being on the train with a man who was smoking weed and yelling.
“It didn’t turn physically violent, but it was alarming and made me feel like the situation could go sideways quickly,” said Rajam, who takes the train to both of his jobs, traveling day and night.
Incidents like these are what make Rajam feel unsafe occasionally when he is riding the subway at night: “Late at night — like my 8:45 ride from Foggy Bottom to Springfield — it’s a different atmosphere.”
Jayden Payne, a rising sophomore at Bard, worries even more.
“There was a man who seemed intoxicated, moving around his phone, pretending it was a gun-all up in ladies’ faces,” he said in an interview.
When asked if he would recommend the subway to others, he gave a firm “no” due to all of the incidents that he has heard about that have happened on the Metro.
Erin Bray, who graduated from Bard in June, recalled an incident when a man brought a gun on the train when she was on it. Asked if she felt safe on the subway, Bray said: “No, because there’s not enough security and people keep bringing [weapons] on there.”
Metro said it launched a Safety Risk Reduction Plan to improve riders’ safety and employs several other safety tactics, including Safe Passage patrols to help students in D.C. get to and from school safely.
While all of the people interviewed said that they saw or experienced an uncomfortable incident, Metro said it is increasing its security and safety protocols.
WMATA data coincides with what one of my interviewees said about his experience on Metro.
“I feel safer now than I felt riding the Metro today than I did 10 years ago,” Dr. Samuel Slattery, a social science teacher at Bard High School Early College, said.
He spoke of his experience with the Southeastern Pennsylvania Transportation Authority subway in Philadelphia in comparison: “… That’s what an unsafe train system feels like,” Slattery said.
The week before he was interviewed in May, Slattery said he was on SEPTA and there was a woman “eating beans off the floor of the train,” a homeless man “passed out in the middle of the train,” and a mentally ill woman yelling in his and other passengers’ faces that, “‘Jesus was watching her’ and the rest of us were in contact with demons.” This incident agitated Slattery so much that he said, “Screw this” to his friend and decided to pay extra for an Uber.
Metro riders who want to report an incident or safety concern can call Metro Transit Police (MTPD) at 202-961-2121 or text MYMTPD (696783). Metro also posts a daily Crime Blotter on its website where the public can see the calls MTPD responded to on a given day. The Crime Blotter can be found here: https://www.wmata.com/about/transit-police/crime-stats.cfm
Christian Jennings, a 2026 graduate of Bard High School Early College DC, is a rising freshman at North Carolina State University, where he plans to major in nuclear engineering. He worked with journalist-instructors at Youthcast Media Group on this article.
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